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Fomesafen (Zeneca). March 29, 1995. Request from New York State DEC for Emergency Exemption. Federal Register.

http://www.epa.gov/docs/fedrgstr/EPA-PEST/1995/March/Day-29/pr-198.html

[Federal Register: March 29, 1995]

ENVIRONMENTAL PROTECTION AGENCY
[OPP-180963; FRL 4942-4]

Fomesafen; Receipt of Application for Emergency Exemption, Solicitation of Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

SUMMARY: EPA has received a specific exemption request from the New York State Department of Environmental Conservation (hereafter referred to as the ``Applicant'') for use of the pesticide fomesafen (Reflex 2LC) (EPA Reg. No. 10182-83) manufactured by Zeneca Ag Products, to control broadleaf weeds on up to 24,383 acres of snap beans. In accordance with 40 CFR 166.24, EPA is soliciting public comment before making the decision whether or not to grant the exemption.

DATES: Comments must be received on or before April 13, 1995.

ADDRESSES: Three copies of written comments, bearing the identification notation ``OPP-180963,'' should be submitted by mail to: Public Response and Human Resource Branch, Field Operations Division (7506C), Office of Pesticide Programs, Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. In person, bring comments to: Rm. 1128, Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington, VA. Information submitted in any comment concerning this notice may be claimed confidential by marking any part or all of that information as ``Confidential Business Information.'' Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. A copy of the comment that does not contain Confidential Business Information must be provided by the submitter for inclusion in the public record. Information not marked confidential may be disclosed publicly by EPA without prior notice. All written comments filed pursuant to this notice will be available for public inspection in Rm. 1128, Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington, VA, from 8 a.m. to 4 p.m., Monday through Friday, except legal holidays.

FOR FURTHER INFORMATION CONTACT: By mail: Larry Fried, Registration Division (7505W), Office of Pesticide Programs, Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. Office location and telephone number: 6th Floor, Crystal Station I, 2800 Jefferson Davis Highway, Arlington, VA 22202, (703) 308-8328; e-mail: fried.larry@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: Pursuant to section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136p), the Administrator may, at her discretion, exempt a State agency from any registration provision of FIFRA if she determines that emergency conditions exist which require such exemption. The Applicant has requested the Administrator to issue a specific exemption for the use of Reflex 2LC. The Applicant provided information in accordance with 40 CFR part 166 to the Agency which supports the position that an emergency situation would exist for New York snap bean growers if Reflex 2LC is not available for use this growing season. According to the Applicant, infestations of broadleaf weeds have caused significant yield reductions in dry and snap bean fields in New York State. Cultural practices and the use of registered alternative herbicides have proven ineffective in controlling a variety of broadleaf weed species. Bean crop yields have significantly declined and the incidence of weed contamination in the final product has increased steadily since the loss of the herbicide Premerge (dinoseb) in 1987.

Under the proposed exemption a maximum of one application could be applied, at a rate of 1.0 to 1.25 pints of Reflex 2LC per acre (0.25 to 0.313 lb active ingredient (a.i.) per acre). A maximum of 3,816 gallons of product or 7,632 pounds of (a.i.) could be applied [[Page 16132]] in 1995. Applications would be made between June 1, and August 15, 1995. This notice does not constitute a decision by EPA on the application itself. The regulations governing section 18 require that the Agency publish notice of receipt in the Federal Register and solicit public comment on an application for a specific exemption if an emergency exemption has been requested or granted for that use in any 3 previous years, and a complete application for registration of that use has not been submitted to the Agency [40 CFR 166.24 (a)(6)]. Exemptions for the use of fomesafen on snap and dry beans have been requested and granted for the past 4 years, and an application for registration of this use has not been submitted to the Agency. Accordingly, interested persons may submit written views on this subject to the Field Operations Division at the address above. The Agency will review and consider all comments received during the comment period in determining whether to issue the emergency exemption requested by the New York State Department of Environmental Conservation.

List of Subjects

Environmental protection, Pesticides and pests, Crisis exemptions.

Dated: March 17, 1995.

Lois Rossi,
Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 95-7584 Filed 3-28-95; 8:45 am] BILLING CODE 6560-50-F